Excerpt: ... consolidated cases were victims of egregious misconduct committed by their counsel of record Robert Machado, Mr. Feldman is not entitled to any of the relief that he seeks. Mr. Feldman's contention that the orders and judgments he seeks to have vacated are "void" and thus can be vacated at any time per CCP 473(d) is incorrect. This court has and continues to have fundamental jurisdiction over the parties and the subject matter of thi...

Excerpt: ... undisputed facts show that the claims alleged against Siding Specialists in plaintiff Candlestick View Homeowners Association's second amended complaint are substantially identical to the claims that Candlestick HOA alleged against Lindstrom & Son Builders in the arbitration proceedings. Per claim preclusion principles, the confirmed arbitration award precludes the Candlestick HOA from litigating these claims in this action. (Thibodeau v. Cr...

Excerpt: ...ployer of either plaintiff De Xin Lin or the person who dropped the metal plate and did not have any actual or constructive knowledge of any dangerous condition regarding the metal plate. Plaintiff did not submit any evidence creating a triable dispute as to who hired or employed plaintiff or the person who dropped the metal plate or M&D's knowledge. The undisputed facts establish that M&D Lau hired Yu Kwan Construction Co., who in turn emplo...

Excerpt: ...dged in support of its anti-SLAPP motion to strike is granted. No opposition filed and good cause shown. There is an overriding interest in sealing the cited documents to protect confidentiality and integrity of the investigatory process and the privacy rights of third parties. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s)...

Excerpt: ...ners First Set Of Demand For Production And Inspection Of Documents; Petitioners First Set Of Special Interrogatories; Judicial Council Form Interrogatories. Pro Tem Judge Dianne Peebles, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the ...

Excerpt: ... cause of action for disclosure of private facts: Ms. Moia failed to present any evidence that WSI or any of its employees made a public disclosure of the fact that Ms. Moia is an Atheist. Ms. Moia testified that she did not know whether Ms. Johnson or Ms. Lim disclosed this information. (Moia Depo, 232:3-11.) Sixth cause of action for assault and battery: This claim is preempted by workers' compensation exclusivity because the alleged conduc...

Excerpt: ...ent is denied. There is a triable dispute whether the tree roots constituted a dangerous condition of public property. Plaintiff Marc Mac submitted evidence that: 1) the City knew that people walk into tree basins; and 2) the City has regulations about tree basins which protect against tripping hazards. This evidence precludes a determination as a matter of law that exposed roots within a tree basin is not a condition of property that creates a s...

Excerpt: ...: Mr. Makowiecki has adequately alleged extreme and outrageous conduct by PG&E by attempting to prevent Mr. Makowiecki from being employable in his chosen field. Seventh cause of action: Mr. Makowiecki's claim for negligent infliction of emotional distress fails to allege any independent duty by PG&E to avoid infliction of emotional distress. If he can do so in good faith, Mr. Makowiecki is given leave to correct this deficiency. Eighth and n...

Excerpt: ...nce per Civil Code 52.4 in the first amended complaint filed by plaintiff Jane Doe is overruled in its entirety. The factual disputes raised by Mr. Cortes in his opposition are not amenable to resolution on a demurrer. Plaintiff has alleged sufficient facts for a claim of negligence per se and Penal Code 273 requires a general intent to commit the act of inflicting unjustified suffering on a child. Plaintiff has also alleged sufficient facts to s...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...cation. Plaintiff California Physicians' Service's motion for summary judgment or, in the alternative, summary adjudication is continued to June 13 2018. But for the Government Code 810.8 issue which the court is deferring to the June 13 hearing, Blue Shield has shown that it is entitled to judgment in its favor. 42 CFR 435.1015 creates a mandatory duty on CenCal not to make premium assistance payments where the cost of the premiums is su...

Excerpt: ...even S. Rosenthal And-Or Motion For Stay And-Or For A Protective Order. Per ex parte court order filed on May 9, 20-18, this motion will be heard by Judge Kahn at 9:30 a.m. Law & Motion. =(302/JPT) Case Number:CGC15548384Case Title:THRIVENT FINANCIAL FOR LUTHERANS VS. BETTY YEE ET ALCourt Date:MAY-15-2018 09:30 AMCalendar Matter:Defendant California State Controller'S Notice Of Motion And Motion To Quash Deposition Subpoena For Personal Appea...

Excerpt: ...f Berkley Assurance Company against Ms. Levinson and Mr. Taylor are taxed. Assuming without deciding that the motion was not timely filed per CRC 3.1700(b)(1), the court has authority per CRC 3.1700(b)(3) to extend the time for filing the motion by 30 days and does so here so that the motion is adjudicated on its merits. Per CCP 1032(a)(4), the court exercises its discretion to tax all claimed costs as to Ms. Levinson and Mr. Taylor for three rea...

Excerpt: ...merits and there is no discernable legal prejudice to plaintiff BE & JDS, Inc. by the grant of the motion. Mr. Obidiagha has shown that he is entitled to have the default set aside per the mandatory relief provisions of CCP 473(b). Moreover, the default was taken on the original complaint filed even though plaintiff had filed an amended complaint on January 23, 2018, which superseded the original, and plaintiff was required to serve the amended c...

Excerpt: ...nably susceptible to Ms. Paoli's proffered interpretation of that contract. The only contract language relied on by Ms. Paoli is Note 13 in sheet A‐1 that "All labor and materials shall be guaranteed for a period of one (1) year from the date of completion of the work." That language refers to obligations of the contractor, not the architect. Absent clear and unambiguous language that the architect agreed to guarantee the work of th...

Excerpt: ...y and Casualty Company is overruled in its entirety. The demurrer was purportedly filed by Jamil Bey as the "authorized representative" of Ms. Cornejo. However, Mr. Bey, who is not an active member of the California Bar, may not represent Ms. Cornejo absent a court order such as appointment of a guardian ad litem and no such order has been issued. Consideration of the merits of the demurrer would be tantamount to allowing unauthorized pra...

Excerpt: ...e first amended complaint is GRANTED. As the court previously ruled, the DFEH can seek recovery of punitive damages in the employment context and Forever 21 overstates the holding of Dyna‐Med, Inc. v. Fair Emp. & Housing Comm. (1987) 43 Cal.3d 1379. In that case, the Supreme Court limited its review specifically to the issue of what types of damages the Fair Employment Housing Commission (i.e., the agency) could impose. The Legislature amended ...

Excerpt: ...; the note; in any event, alter ego liability is adequately pled against defendant Sharma. 3 (Fraud): The claim is pled with sufficient specificity. Defendants repeatedly raise factual disputes and argue conclusions from pleaded facts ‐ both are improper at the pleading stage. 4 (Negligent Misrepresentation): Defendants' arguments focus on only one of the several misrepresentations alleged, some of which go to existing fact. 5 (Corp. Code ?...

Excerpt: ...urden of demonstrating that this Court may exercise specific jurisdiction over defendant. Plaintiffs did not demonstrate (1) that defendant has purposefully established contacts with California, and (2) that their claims arise out of or are related to any forum‐directed activities. Because plaintiffs failed to meet their initial burden, Detroit had no burden to show that the exercise of jurisdiction would be unreasonable. Plaintiffs did not cla...

Excerpt: ...e, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to s...

Excerpt: ...ve to amend his answer by including all of his proposed new affirmative defenses except proposed affirmative defense 17 labeled "illegal contract." Proposed affirmative defense 17 appears to be based solely on opposing party's discovery responses that the contract is illegal as a result of Mr. Khatsiom's alleged failure to comply with the contractor licensing requirements. That is not a permissible basis for Mr. Khatsiom to allege...

Excerpt: ...ended complaint filed by plaintiff Titilayo Ala is: a) sustained without leave to amend as to the third cause of action for gender violence; and b) overruled as to the seventh and eleventh causes of action for defamation and violation of the Unfair Competition Law. As an employer, per Civil Code 53.4(e), the CH2M entities are not liable for statutory gender violence because there is no allegation that they personally committed the violence. Feder...

Excerpt: ...and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypress] wa...

Excerpt: ...uments. Pro Tem Judge Roger Mead, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will de...

Excerpt: ...ctor and no employment relationship existed between SFMOMA and Cypress' security guards. "[T]he common law test for employment is a question of fact, while the legal conclusion to be drawn from those facts is a question of law. Even if one or two of the individual factors might suggest an employment relationship, summary judgment is nevertheless proper when, as here, all the factors weighed and considered as a whole establish that [Cypres...